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September 11, 2001 : Attack on America
House Report 107-307 : Implementation of Convention on Terrorist Bombings and Suppression of the Financing of Terrorism; November 29, 2001

107 th Congress

Report

HOUSE OF REPRESENTATIVES

1st Session

107 307

IMPLEMENTATION OF CONVENTION ON TERRORIST BOMBINGS AND SUPPRESSION OF
THE FINANCING OF TERRORISM

November 29, 2001.--Committed to the Committee of the Whole House on
the State of the Union and ordered to be printed

Mr. Sensenbrenner, from the Committee on the Judiciary, submitted the
following
R E P O R T

together with

MINORITY VIEWS

[To accompany H.R. 3275]

[Including cost estimate of the Congressional Budget Office]

The Committee on the Judiciary, to whom was referred the bill (H.R.
3275) to implement the International Convention for the Suppression of
Terrorist Bombings to strengthen criminal laws relating to attacks on
places of public use, to implement the International Convention of the
Suppression of the Financing of Terrorism, to combat terrorism and
defend the Nation against terrorist acts, and for other purposes, having
considered the same, reports favorably thereon with an amendment and
recommends that the bill as amended do pass.

CONTENTS
The Amendment 2
Purpose and Summary 6
Background and Need for the Legislation 7
Hearings 8
Committee Consideration 8
Vote of the Committee 8
Committee Oversight Findings 8
Performance Goals and Objectives 8
New Budget Authority and Tax Expenditures 8
Congressional Budget Office Cost Estimate 8
Constitutional Authority Statement 9
Section-by-Section Analysis and Discussion 10
Changes in Existing Law Made by the Bill, as Reported 14
Markup Transcript 22
Minority Views 67

The amendment is as follows:

Strike all after the enacting clause and insert the following:

TITLE I--SUPPRESSION OF TERRORIST BOMBINGS

SEC. 101. SHORT TITLE.

This title may be cited as the ``Terrorist Bombings Convention
Implementation Act of 2001''.
SEC. 102. BOMBING STATUTE.

(a) Offense.--Chapter 113B of title 18, United States Code, relating
to terrorism, is amended by inserting after section 2332e the following
new section:
``2332f. Bombings of places of public use, government
facilities, public transportation systems and infrastructure facilities
``(a) Offenses.--

``(1) In general.--Whoever unlawfully delivers, places, discharges,
or detonates an explosive or other lethal device in, into, or against a
place of public use, a state or government facility, a public
transportation system, or an infrastructure facility--
``(A) with the intent to cause death or serious bodily injury, or

``(B) with the intent to cause extensive destruction of such a
place, facility, or system, where such destruction results in or is
likely to result in major economic loss, shall be punished as prescribed
in subsection (c).
``(2) Attempts and conspiracies.--Whoever attempts or conspires to
commit an offense under paragraph (1) shall be punished as prescribed in
subsection (c).
``(b) Jurisdiction.--There is jurisdiction over the offenses in
subsection (a) if--
``(1) the offense takes place in the United States and--

``(A) the offense is committed against another state or a government
facility of such state, including its embassy or other diplomatic or
consular premises of that state;
``(B) the offense is committed in an attempt to compel another state
or the United States to do or abstain from doing any act;
``(C) at the time the offense is committed, it is committed--

``(i) on board a vessel flying the flag of another state;

``(ii) on board an aircraft which is registered under the laws of
another state; or
``(iii) on board an aircraft which is operated by the government of
another state;
``(D) a perpetrator is found outside the United States;

``(E) a perpetrator is a national of another state or a stateless
person; or
``(F) a victim is a national of another state or a stateless person;

``(2) the offense takes place outside the United States and--

``(A) a perpetrator is a national of the United States or is a
stateless person whose habitual residence is in the United States;
``(B) a victim is a national of the United States;

``(C) a perpetrator is found in the United States;

``(D) the offense is committed in an attempt to compel the United
States to do or abstain from doing any act;
``(E) the offense is committed against a state or government
facility of the United States, including an embassy or other diplomatic
or consular premises of the United States;
``(F) the offense is committed on board a vessel flying the flag of
the United States or an aircraft which is registered under the laws of
the United States at the time the offense is committed; or
``(G) the offense is committed on board an aircraft which is
operated by the United States.
``(c) Penalties.--Whoever violates this section shall be imprisoned
for any term of years or for life, and if death results from the
violation, shall be punished by death or imprisoned for any term of
years or for life.
``(d) Exemptions to Jurisdiction.--This section does not apply to--

``(1) the activities of armed forces during an armed conflict, as
those terms are understood under the law of war, which are governed by
that law,
``(2) activities undertaken by military forces of a state in the
exercise of their official duties; or
``(3) offenses committed within the United States, where the alleged
offender and the victims are United States citizens and the alleged
offender is found in the United States, or where jurisdiction is
predicated solely on the nationality of the victims or the alleged
offender and the offense has no substantial effect on interstate or
foreign commerce.
``(e) Definitions.--As used in this section, the term--

``(1) `serious bodily injury' has the meaning given that term in
section 1365(g)(3) of this title;
``(2) `national of the United States' has the meaning given that
term in section 101(a)(22) of the Immigration and Nationality Act (8
U.S.C. 1101(a)(22));
``(3) `state or government facility' includes any permanent or
temporary facility or conveyance that is used or occupied by
representatives of a state, members of Government, the legislature or
the judiciary or by officials or employees of a state or any other
public authority or entity or by employees or officials of an
intergovernmental organization in connection with their official duties;
``(4) `intergovernmental organization' includes international
organization (as defined in section 1116(b)(5) of this title);
``(5) `infrastructure facility' means any publicly or privately
owned facility providing or distributing services for the benefit of the
public, such as water, sewage, energy, fuel, or communications;
``(6) `place of public use' means those parts of any building, land,
street, waterway, or other location that are accessible or open to
members of the public, whether continuously, periodically, or
occasionally, and encompasses any commercial, business, cultural,
historical, educational, religious, governmental, entertainment,
recreational, or similar place that is so accessible or open to the
public;
``(7) `public transportation system' means all facilities,
conveyances, and instrumentalities, whether publicly or privately owned,
that are used in or for publicly available services for the
transportation of persons or cargo;
``(8) `explosive' has the meaning given in section 844(j) of this
title insofar that it is designed, or has the capability, to cause
death, serious bodily injury, or substantial material damage;
``(9) `other legal device' means any weapon or device that is
designed or has the capability to cause death, serious bodily injury, or
substantial damage to property through the release, dissemination, or
impact of toxic chemicals, biological agents, or toxins (as those terms
are defined in section 178 of this title) or radiation or radioactive
material;
``(10) `military forces of a state' means the armed forces of a
state which are organized, trained, and equipped under its internal law
for the primary purpose of national defense or security, and persons
acting in support of those armed forces who are under their formal
command, control, and responsibility;
``(11) `armed conflict' does not include internal disturbances and
tensions, such as riots, isolated, and sporadic acts of violence, and
other acts of a similar nature; and
``(12) `state' has the same meaning as that term has under
international law, and includes all political subdivisions thereof.''.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 113B of title 18, United States Code, is amended by adding after
the item relating to section 2332e the following:

``2332f. Bombings of places of public use, government facilities,
public transportation systems and infrastructure facilities.''.

(c) Disclaimer.--Nothing contained in this section is intended to
affect the applicability of any other Federal or State law which might
pertain to the underlying conduct.
SEC. 103. EFFECTIVE DATE.

Section 102 of this title shall become effective on the date that the
International Convention for the Suppression of Terrorist Bombings
enters into force for the United States.
TITLE II--SUPPRESSION OF THE FINANCING OF TERRORISM

SEC. 201. SHORT TITLE.

This title may be cited as the ``Suppression of the Financing of
Terrorism Convention Implementation Act of 2001''.
SEC. 202. TERRORISM FINANCING STATUTE.

(a) In General.--Chapter 113B of title 18, United States Code,
relating to terrorism, is amended by adding at the end thereof the
following new section:
``2339C. Prohibitions against the financing of terrorism

``(a) Offenses.--

``(1) In general.--Whoever, in a circumstance described in
subsection (c), by any means, directly or indirectly, unlawfully and
willfully provides or collects funds with the intention that such funds
be used, or with the knowledge that such funds are to be used, in full
or in part, in order to carry out--
``(A) an act which constitutes an offense within the scope of a
treaty specified in subsection (e)(7), as implemented by the United
States, or
``(B) any other act intended to cause death or serious bodily injury
to a civilian, or to any other person not taking an active part in the
hostilities in a situation of armed conflict, when the purpose of such
act, by its nature or context, is to intimidate a population, or to
compel a government or an international organization to do or to abstain
from doing any act,
shall be punished as prescribed in subsection (d)(1).

``(2) Attempts and conspiracies.--Whoever attempts or conspires to
commit an offense under paragraph (1) shall be punished as prescribed in
subsection (d)(1).
``(3) Relationship to predicate act.--For an act to constitute an
offense set forth in this subsection, it shall not be necessary that the
funds were actually used to carry out a predicate act.
``(b) Concealment.--

``(1) In General.--Whoever, in the United States, or outside the
United States and a national of the United States or a legal entity
organized under the laws of the United States (including any of its
States, districts, commonwealths, territories, or possessions),
knowingly conceals or disguises the nature, the location, the source, or
the ownership or control of any material support or resources provided
in violation of section 2339B of this chapter, or of any funds provided
or collected in violation of subsection (a) or any proceeds of such
funds, shall be punished as prescribed in subsection (d)(2).
``(2) Attempts and conspiracies.--Whoever attempts or conspires to
commit an offense under paragraph (1) shall be punished as prescribed in
subsection (d)(2).
``(c) Jurisdiction.--There is jurisdiction over the offenses in
subsection (a) in the following circumstances--
``(1) the offense takes place in the United States and--

``(A) a perpetrator was a national of another state or a stateless
person;
``(B) on board a vessel flying the flag of another state or an
aircraft which is registered under the laws of another state at the time
the offense is committed;
``(C) on board an aircraft which is operated by the government of
another state;
``(D) a perpetrator is found outside the United States;

``(E) was directed toward or resulted in the carrying out of a
predicate act against--
``(i) a national of another state; or

``(ii) another state or a government facility of such state,
including its embassy or other diplomatic or consular premises of that
state;
``(F) was directed toward or resulted in the carrying out of a
predicate act committed in an attempt to compel another state or
international organization to do or abstain from doing any act; or

``(G) was directed toward or resulted in the carrying out of a
predicate act--
``(i) outside the United States; or

``(ii) within the United States, and either the offense or the
predicate act was conducted in, or the results thereof affected,
interstate or foreign commerce;
``(2) the offense takes place outside the United States and--

``(A) a perpetrator is a national of the United States or is a
stateless person whose habitual residence is in the United States;
``(B) a perpetrator is found in the United States; or

``(C) was directed toward or resulted in the carrying out of a
predicate act against--
``(i) any property that is owned, leased, or used by the United
States or by any department or agency of the United States, including an
embassy or other diplomatic or consular premises of the United States;
``(ii) any person or property within the United States;

``(iii) any national of the United States or the property of such
national; or
``(iv) any property of any legal entity organized under the laws of
the United States, including any of its States, districts,
commonwealths, territories, or possessions;
``(3) the offense is committed on board a vessel flying the flag of
the United States or an aircraft which is registered under the laws of
the United States at the time the offense is committed;
``(4) the offense is committed on board an aircraft which is
operated by the United States; or
``(5) the offense was directed toward or resulted in the carrying
out of a predicate act committed in an attempt to compel the United
States to do or abstain from doing any act.
``(d) Penalties.--

``(1) Whoever violates subsection (a) shall be fined under this
title, imprisoned for not more than 20 years, or both.
``(2) Whoever violates subsection (b) shall be fined under this
title, imprisoned for not more than 10 years, or both.
``(e) Definitions.--As used in this section--

``(1) the term `funds' means assets of every kind, whether tangible
or intangible, movable or immovable, however acquired, and legal
documents or instruments in any form, including electronic or digital,
evidencing title to, or interest in, such assets, including coin,
currency, bank credits, travelers checks, bank checks, money orders,
shares, securities, bonds, drafts, and letters of credit;
``(2) the term `government facility' means any permanent or
temporary facility or conveyance that is used or occupied by
representatives of a state, members of a government, the legislature, or
the judiciary, or by officials or employees of a state or any other
public authority or entity or by employees or officials of an
intergovernmental organization in connection with their official duties;
``(3) the term `proceeds' means any funds derived from or obtained,
directly or indirectly, through the commission of an offense set forth
in subsection (a);
``(4) the term `provides' includes giving, donating, and transmitting;

``(5) the term `collects' includes raising and receiving;

``(6) the term `predicate act' means any act referred to in
subparagraph (A) or (B) of subsection (a)(1);
``(7) the term `treaty' means--

``(A) the Convention for the Suppression of Unlawful Seizure of
Aircraft, done at The Hague on December 16, 1970;
``(B) the Convention for the Suppression of Unlawful Acts against
the Safety of Civil Aviation, done at Montreal on September 23, 1971;
``(C) the Convention on the Prevention and Punishment of Crimes
against Internationally Protected Persons, including Diplomatic Agents,
adopted by the General Assembly of the United Nations on December 14,
1973;
``(D) the International Convention against the Taking of Hostages,
adopted by the General Assembly of the United Nations on December 17,
1979;
``(E) the Convention on the Physical Protection of Nuclear Material,
adopted at Vienna on March 3, 1980;
``(F) the Protocol for the Suppression of Unlawful Acts of Violence
at Airports Serving International Civil Aviation, supplementary to the
Convention for the Suppression of Unlawful Acts against the Safety of
Civil Aviation, done at Montreal on February 24, 1988;
``(G) the Convention for the Suppression of Unlawful Acts against
the Safety of Maritime Navigation, done at Rome on March 10, 1988;
``(H) the Protocol for the Suppression of Unlawful Acts against the
Safety of Fixed Platforms located on the Continental Shelf, done at Rome
on March 10, 1988; or
``(I) the International Convention for the Suppression of Terrorist
Bombings, adopted by the General Assembly of the United Nations on
December 15, 1997;
``(8) the term `intergovernmental organization' includes
international organizations;
``(9) the term `international organization' has the same meaning as
in section 1116(b)(5) of this title;
``(10) the term `armed conflict' does not include internal
disturbances and tensions, such as riots, isolated and sporadic acts of
violence, and other acts of a similar nature;
``(11) the term `serious bodily injury' has the same meaning as in
section 1365(g)(3) of this title;
``(12) the term `national of the United States' has the meaning
given that term in section 101(a)(22) of the Immigration and Nationality
Act (8 U.S.C. 1101(a)(22)); and
``(13) the term `state' has the same meaning as that term has under
international law, and includes all political subdivisions thereof.
``(f) Civil Penalty.--In addition to any other criminal, civil, or
administrative liability or penalty, any legal entity located within the
United States or organized under the laws of the United States,
including any of the laws of its States, districts, commonwealths,
territories, or possessions, shall be liable to the United States for
the sum of at least $10,000, if a person responsible for the management
or control of that legal entity has, in that capacity, committed an
offense set forth in subsection (a).''.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 113B of title 18, United States Code, is amended by adding at
the end thereof the following:

``2339C. Prohibitions against the financing of terrorism.''.

(c) Disclaimer.--Nothing contained in this section is intended to
affect the scope or applicability of any other Federal or State law.
SEC. 203. EFFECTIVE DATE.

Except for sections 2339C(c)(1)(D) and (2)(B) of title 18, United
States Code, which shall become effective on the date that the
International Convention for the Suppression of the Financing of
Terrorism enters into force for the United States, and for the
provisions of section 2339C(e)(7)(I) of title 18, United States Code,
which shall become effective on the date that the International
Convention for the Suppression of Terrorist Bombing enters into force
for the United States, section 202 of this title shall be effective upon
enactment.
TITLE III--ANCILLARY MEASURES

SEC. 301. ANCILLARY MEASURES.

(a) Wiretap Predicates.--Section 2516(1)(q) of title 18, United
States Code, is amended by--
(1) inserting ``2332f,'' after ``2332d,''; and

(2) striking ``or 2339B'' and inserting ``2339B, or 2339C''.

(b) Federal Crime of Terrorism.--Section 2332b(g)(5)(B) of title 18,
United States Code, is amended by--
(1) inserting ``2332f (relating to bombing of public places and
facilities),'' after ``2332b (relating to acts of terrorism transcending
national boundaries),''; and
(2) inserting ``2339C (relating to financing of terrorism),'' before
``or 2340A (relating to torture)''.
(c) Providing Material Support to Terrorists Predicate.--Section
2339A of title 18, United States Code, is amended by inserting
``2332f,'' before ``or 2340A''.
(d) Forfeiture of Funds, Proceeds, and Instrumentalities.--Section
981(a)(1) of title 18, United States Code, is amended by adding at the
end thereof the following new subparagraph:
``(H) Any property, real or personal, involved in a violation or
attempted violation, or which constitutes or is derived from proceeds
traceable to a violation, of section 2339C of this title.''.

PURPOSE AND SUMMARY

H.R. 3275, the implementation legislation for the International
Convention for the Suppression of Terrorist Bombings and the
International Convention for the Suppression of the Financing of
Terrorism amends title 18, United States Code, to allow the United
States to be in compliance with the conditions of the Conventions. The
International Convention for the Suppression of Terrorist Bombings
requires parties to the treaty to criminalize the act of terrorist
bombing aimed at public or governmental facilities, or public
transportation or infrastructure facilities. The International
Convention for the Suppression of Financing of Terrorism requires
nations to criminalize the act of collecting or providing funds with the
intention that they will be used to support acts of international
terrorists.
BACKGROUND AND NEED FOR THE LEGISLATION

The International Convention for the Suppression of Terrorist
Bombings was conceived by the United States in the wake of the bombing
attack of the U.S. military personnel in Saudi Arabia in 1996. This
treaty was signed by the United States on January 12, 1998, and was
transmitted to the Senate for its advice and consent to ratification on
September 8, 1999. In essence, the Convention imposes binding legal
obligations upon nations either to submit for prosecution or to
extradite any person within their jurisdiction who unlawfully and
intentionally delivers, places, discharges, or detonates an explosive or
other lethal device in, into, or against a place of public use, a State
or government facility, a public transportation system, or an
infrastructure facility. A nation is subject to these obligations
without regard to the place where the alleged act covered by the
Convention took place. Twenty-eight nations are currently party to the
Convention, which entered into force internationally on May 23, 2001.
Title II of the bill is entitled the ``Suppression of the Financing
of Terrorism Convention Implementation Act of 2001.'' It would implement
the International Convention for the Suppression of the Financing of
Terrorism, which was signed by the United States on January 10, 2000,
and which was transmitted to the Senate for its advice and consent to
ratification on October 12, 2000. The Convention imposes binding legal
obligations upon nations either to submit for prosecution or to
extradite any person within their jurisdiction who unlawfully and
wilfully provides or collects funds with the intention that they should
be used to carry out various terrorist activities. A nation is subject
to these obligations without regard to the place where the alleged act
covered by the Convention took place. The Convention is not yet in force
internationally, but will enter into force on the thirtieth day
following the date of the deposit of the twenty-second instrument of
ratification, acceptance, approval, or accession with the Secretary
General of the United Nations.
Both the ``terrorist bombings'' and the ``financing terrorism''
conventions were the subject of hearings in the Senate Committee on
Foreign Relations on October 23, 2001. President Bush sent Congress a
legislative proposal to implement these two treaties on October 26, 2001
(House Document 107 139). These treaties, once they are ratified, will
fill an important gap in international law by expanding the legal
framework for international cooperation in the investigation,
prosecution, and extradition of persons who engage in bombings and
financially support terrorist organizations.
HEARINGS

On November 14, 2001, the Subcommittee on Crime held a legislative
hearing and mark-up on H.R. 3275. Testimony was received from Mr. Sam
Witten, Deputy Legal Adviser, U.S. Department of State and Mr. Michael
Chertoff, Assistant Attorney General, Criminal Division, U.S. Department
of Justice.
COMMITTEE CONSIDERATION

On November 14, 2001, the Subcommittee on Crime met in open session
and ordered favorably reported the bill H.R. 3275, by a voice vote, a
quorum being present. On November 15, 2001, the Committee met in open
session and ordered favorably reported the bill H.R. 3275 with amendment
by a voice vote, a quorum being present.
VOTE OF THE COMMITTEE

No recorded votes were held on H.R. 3275.

COMMITTEE OVERSIGHT FINDINGS

In compliance with clause 3(c)(1) of rule XIII of the Rules of the
House of Representatives, the Committee reports that the findings and
recommendations of the Committee, based on oversight activities under
clause 2(b)(1) of rule X of the Rules of the House of Representatives,
are incorporated in the descriptive portions of this report.
PERFORMANCE GOALS AND OBJECTIVES

H.R. 3275 does not authorize funding. Therefore, clause 3(c) of rule
XIII of the Rules of the House of Representatives is inapplicable.
NEW BUDGET AUTHORITY AND TAX EXPENDITURES

Clause 3(c)(2) of House rule XIII is inapplicable because this
legislation does not provide new budgetary authority or increased tax
expenditures.
CONGRESSIONAL BUDGET OFFICE COST ESTIMATE

In compliance with clause 3(c)(3) of rule XIII of the Rules of the
House of Representatives, the Committee sets forth, with respect to the
bill, H.R. 3275, the following estimate and comparison prepared by the
Director of the Congressional Budget Office under section 402 of the
Congressional Budget Act of 1974:

U.S. Congress,

Congressional Budget Office,

Washington, DC, November 27, 2001.

Hon. F. James Sensenbrenner, Jr., Chairman, Committee on the Judiciary,

House of Representatives, Washington, DC.

Dear Mr. Chairman: The Congressional Budget Office has prepared the
enclosed cost estimate for H.R. 3275, a bill to implement the
International Convention for the Suppression of Terrorist Bombings to
strengthen criminal laws relating to attacks on places of public use, to
implement the International Convention of the Suppression of the
Financing of Terrorism, to combat terrorism and defend the nation
against terrorist acts, and for other purposes.
If you wish further details on this estimate, we will be pleased to
provide them. The CBO staff contact is Lanette J. Walker, who can be
reached at 226 2860.
Sincerely,

Dan L. Crippen, Director.

Enclosure

cc:

Honorable John Conyers, Jr.

Ranking Member

H.R. 3275--A bill to implement the International Convention
for the Suppression of Terrorist Bombings to strengthen criminal laws
relating to attacks on places of public use, to implement the
International Convention of the Suppression of the Financing of
Terrorism, to combat terrorism and defend the nation against terrorist
acts, and for other purposes
CBO estimates that enacting H.R. 3275 would have no significant
impact on the Federal budget. The bill could affect direct spending and
receipts, so pay-as-you-go procedures would apply; however, CBO
estimates that any such effects would not be significant.
H.R. 3275 would implement two international treaties: the
International Convention for the Suppression of Terrorist Bombings and
the International Convention for the Suppression of the Financing of
Terrorism. The bill would establish a sentence of life in prison or
death for those who are convicted of participating in bombings in public
places, government facilities, public transportation systems or
infrastructure facilities. In addition, the bill would establish minimum
prison sentences and criminal fines for those who provide or collect
funds with the intent that such funds be used to carry out terrorism.
CBO expects that any increase in Federal costs for law enforcement,
court proceedings, or prison operations under the bill would not be
significant because such cases would likely be pursued under current
law. In addition, CBO expects that any changes in direct spending or
receipts would be insignificant because of the small number of cases
that are likely to be involved.
Section 4 of the Unfunded Mandates Reform Act excludes from
application of that act legislative provisions that would be necessary
for the ratification or implementation of international treaty
obligations. CBO has determined that the provisions of H.R. 3275 would
implement the two treaties mentioned above, and thus, would fall within
that exclusion.
The CBO staff contact for this estimate is Lanette J. Walker, who can
be reached at 226 2860. This estimate was approved by Peter H. Fontaine,
Deputy Assistant Director for Budget Analysis.
CONSTITUTIONAL AUTHORITY STATEMENT

Pursuant to clause 3(d)(1) of rule XIII of the Rules of the House of
Representatives, the Committee finds the authority for this legislation
in article I, section 8 of the Constitution.
SECTION-BY-SECTION ANALYSIS AND DISCUSSION

Title I--Suppression of Terrorist Bombings.

Section 101. Short Title

This title may be cited as ``The Terrorist Bombings Convention
Implementation Act of 2001''
Section 102. Bombing Statute

This section of the bill adds a new section, 18 U.S.C. 2332f, to the
Federal terrorism statutes (i.e., Chapter 113B of title 18 of the United
States Code) entitled ``Bombings of places of public use, government
facilities, public transportation systems and infrastructure
facilities,'' which makes terrorist acts covered by the Convention a
crime. New section 2332f contains 5 subsections (2332f(a)-(e)) which are
described below.
Subsection 2332f(a) makes it a crime to unlawfully deliver, place,
discharge or detonate an explosive or other lethal device in, into or
against a place of public use, a State or government facility, a public
transportation system or an infrastructure facility with intent to cause
death or serious bodily injury, or with the intent to cause extensive
destruction of such a place, facility or system, where such destruction
results in or is likely to result in major economic loss. Conspiracy and
attempts to commit these crimes are also criminalized. This provision
implements article 2, paragraphs 1, 2 and 3 of the Convention. It should
be noted that Section 2339A of title 18, United States Code, which is
amended by section 3(d) of the bill, also addresses the provision of
material support for such offenses.
The inclusion of the term ``unlawfully'' in Subsection 2332f(a), and
mirrored in article 2 of the Convention defining the offenses, is
intended to embody what would be considered under U.S. law as common law
defenses. For purposes of Subsection 2332f(a), whether a person acts
``unlawfully'' will depend on whether he is acting within the scope of
authority recognized under and consistent with existing U.S. law, which
reflects international law principles, such as self defense or lawful
use of force by police authorities. This language is not to be construed
as permitting the assertion, as a defense to prosecution under Section
2332f, that a person purportedly acted under authority conveyed by any
particular foreign government or official. Clearly such a construction,
which would exempt State-sponsored terrorism, would be at odds with the
purpose of the Convention and this implementing legislation.
With respect to the provision regarding the delivery, placing,
discharging or detonating of an explosive or lethal device with the
intent to cause extensive destruction of the described place, facility
or system, it is sufficient if the intent is to significantly damage
such a place, facility or system. Further, for the purpose of Subsection
2332f(a), when determining whether the act resulted in, or was likely to
result in major economic loss, the physical damage to the targeted
facility may be considered, as well as other types of economic loss
including, but not limited to, the monetary loss or other adverse
effects resulting from the interruption of its activities. The adverse
effects on non-targeted entities and individuals, the economy and the
government may also be considered in this determination.
Subsection 2332f(b) delineates the jurisdictional bases for the
covered offenses and includes jurisdiction over perpetrators of offenses
abroad who are subsequently found within the United States. This
provision implements a crucial element of the Convention which requires
all State Parties to either extradite or prosecute perpetrators of
offenses covered by the Convention (article 8(1)) who are found within
the jurisdiction of a State Party. While current Federal or state
criminal laws encompass all the activity prohibited by the Convention
which occurs within the United States, Subsection (b)(1) ensures Federal
jurisdiction where there is a unique Federal interest, e.g., a foreign
government is the victim of the crime or the offense is committed in an
attempt to compel the United States to do or abstain from doing any act.
Subsection 2332f(c) delineates the penalties for committing the
covered crimes, to wit, a term of years or life, and, if death results
from the violation, punishment by death or imprisonment for any term of
years or life.
Subsection 2332f(d) delineates certain exemptions to jurisdiction as
set forth in the Convention. The subsection exempts from jurisdiction
activities of armed forces during an armed conflict, as those terms are
understood under the law of war, which are governed by that law, and
activities undertaken by military forces of a State in the exercise of
their official duties. It is anticipated that courts, when interpreting
and applying Subsection (d), will solicit the views of the Executive
Branch on whether the activities at issue were conducted by armed forces
during armed conflict, as those terms are understood under the law of
war, or whether the activities at issue were undertaken by military
forces of a State in the exercise of their official duties. See United
States v. Shakur , 690 F. Supp. 1291 (S.D.N.Y. 1988).
Subsection 2332f(e) contains definitions of twelve terms that are
used in the new law. Six of those definitions (``State or government
facility,'' ``infrastructure facility,'' ``place of public use,''
``public transportation system,'' ``other lethal device,'' and
``military forces of a State'') are the same definitions used in the
Convention. Four additional definitions (``serious bodily injury,''
``explosive,'' ``national of the United States,'' and
``intergovernmental organization'') are definitions which already exist
in other U.S. statutes. One of those definitions (``armed conflict'') is
defined consistent with an international instrument relating to the law
of war, and a U.S. Understanding to the Convention which is recommended
to be made at the time of U.S. ratification. The final term, ``State,''
has the same meaning as that term has under international law.
Section 102(b) amends the analysis for chapter 113B of title 18,
United States Code, by inserting therein the caption for the new Section
2332f. Section 102(c) reflects that new Section 2332f supplements
existing Federal and state laws and does not affect or supplant any of
them.
Section 104. Effective Date

Section 201. Short Title

This title may be cited as ``The Suppression of the Financing of
Terrorism Convention Implementation Act of 2001.''
Section 202. Terrorism Financing Statute

This section of the bill adds a new section, 18 U.S.C. 2339C, to the
Federal terrorism statutes (i.e., Chapter 113B of title 18 of the United
States Code) entitled ``Prohibitions against the financing of
terrorism,'' which makes financial acts covered by the Convention a
crime. New Section 2339C contains 6 subsections (2339C(a)-(f)) which are
described below.
Subsection 2339C(a) makes it a crime to directly or indirectly,
unlawfully and willfully provide or collect funds with the intention
that such funds be used, or with the knowledge that such funds are to be
used, in full or in part, in order to carry out an act which constitutes
an offense within the scope of certain terrorism treaties, as
implemented by the United States, or any other act intended to cause
death or serious bodily injury to a civilian, or to any other person not
taking an active part in the hostilities in a situation of armed
conflict, when the purpose of such act, by its nature or context, is to
intimidate a population, or to compel a government or an international
organization to do or to abstain from doing any act. The term
``unlawfully'' is intended to embody common law defenses. The term
``willfully'' means voluntary or intentional. Conspiracy and attempts to
commit these crimes are also criminalized. Subsection 2339C(a)(3)
states, as contained in article 2, paragraph 3, of the Convention, that
a violation of Section 2339C(a) does not require that the funds which
are provided or collected actually be used to carry out an act referred
to in subparagraph (A) or (B) of subsection 2339C(a)(1). Section
2339C(a) implements article 2, paragraphs 1, 3, 4 and 5 of the
Convention.
Subsection 2339C(b) creates an offense for concealing or disguising
the nature, the location, the source, or the ownership or control of any
funds or proceeds provided or collected under Section 2339C, as well as
any material support or resources provided under Section 2339B, by any
person or legal entity within the United States and by any United States
national or legal entity created under U.S. law anywhere in the world.
This provision goes beyond what was required by the Convention, but
would enhance the ability of U.S. law enforcement authorities to combat
the supply of financing to terrorists and their organizations.
Subsection 2339C(c) delineates the jurisdictional bases for the
covered offenses under Section 2339C(a) and includes jurisdiction over
perpetrators of offenses abroad who are subsequently found within the
United States. This provision implements a crucial element of the
Convention which requires all State Parties to either extradite or
prosecute perpetrators of offenses covered by the Convention (article
10) who are found within the territory of a State Party. The structure
of this provision is designed to accommodate the structure of the
Convention. Article 7 of the Convention sets forth both mandatory and
permissive bases of jurisdiction, from which article 3 excludes certain
offenses that lack an international nexus. Some sections, however, such
as, for example, Subsection 2339(C)(c), go beyond the jurisdictional
bases required or expressly permitted under article 7, paragraphs 1 and
2, of the Convention, as limited by article 3, where expanded
jurisdiction is desirable from a policy perspective and is consistent
with the Constitution.
Subsection 2332f(d)(1) delineates the penalties for committing the
covered crimes under Subsection 2339C(a), to wit, a fine under title 18,
United States Code, imprisonment for not more than 20 years, or both.
This penalty is consistent with those under current law relating to
money laundering offenses. See 18 U.S.C. 1956. Subsection 2332f(d)(2)
delineates the penalties for committing the covered crimes under
Subsection 2339C(b), to wit, a fine under title 18, United States Code,
imprisonment for not more than 10 years, or both.
Subsection 2339C(e) contains thirteen definitions of terms that are
used in the new law. Two of those definitions (``government facility,''
and ``proceeds'') are the same definitions used in the Convention. The
definition for ``funds'' is identical to that contained in the
Convention with the exception that coins and currency are expressly
mentioned as money is certainly a type of funds obviously contemplated
by the Convention. The definitions for ``provides'' and ``collects''
reflect the broad scope of the Convention. The definition for
``predicate acts'' specifies the activity for which the funds were being
provided or collected. These are the acts referred to in subparagraphs
(A) or (B) of Section 2339C(a)(1). The definition of ``treaty'' sets
forth the nine international conventions dealing with counterterrorism
found in the Annex to the Convention. In construing the scope of these
treaties, the court is to look to the description or definition of the
treaty's provisions as reflected in United States law without regard to
the particular jurisdictional provision in the implementing law. The
term ``intergovernmental organization,'' which is used in the
Convention, is specifically defined to make clear that it contains
within its ambit existing international organizations. The definitions
for ``international organization,'' ``serious bodily injury,'' and
``national of the United States'' incorporate definitions for those
terms which already exist in other U.S. statutes. One of the definitions
(``armed conflict'') is defined consistent with international
instruments relating to the law of war. The final term, ``State,'' has
the same meaning as that term has under international law.
Subsection 2339C(f) creates a civil penalty of at least $10,000
payable to the United States, against any legal entity in the United
States, or organized under the laws of the United States, including any
of its states, district, commonwealths, territories, or possessions, if
any person responsible for the management or control of that legal
entity has, in that capacity, committed an offense set forth in
Subsection 2339C(a). There does not have to be a conviction of such
person under Subsection 2339C(a) to impose the civil penalty against the
legal entity. In determining the size of the penalty, the court should
consider the legal entity's net worth, the volume of business it
transacts, its ability to pay, the amount of the transaction involved in
the Subsection 2339C(a) offense, and the nature of the predicate act.
This civil penalty is in addition to any other criminal, civil, or
administrative liability or penalty allowable under United States law.
Subsection 2339C(f) fulfills article 5 of the Convention.
Section 202(b) amends the analysis for chapter 113B of title 18,
United States Code, by inserting therein the caption for the new Section
2339C. Section 202(c) reflects that new Section 2339C supplements
existing Federal and state laws and does not affect or supplant any of
them.
Section 204. Effective Date

Section 202 of this title shall be effective upon enactment. Except,
the provisions of 18 U.S.C. 2339C(c)(1)(D) and (2)(B) shall become
effective on the date that the International Convention for the
Suppression of the Financing of Terrorism enters into force for the
United States.
Section 301. Ancillary Measures

This section of the bill, which is not required by the treaty but
will assist in Federal enforcement, adds the new 18 U.S.C. 2332f and
2339C to four existing provisions of law. Sections 2332f and 2339C are
made predicates under the wiretap statute (18 U.S.C. 2516(1)(c)) and
sections 2332f and 2339C are also added to those offenses defined as a
``Federal crime of terrorism'' under 18 U.S.C. 2332b(g)(5). Section
2339f is made a predicate under the statute relating to the provision of
material support to terrorists (18 U.S.C. 2339A) and the statute related
to the forfeiture of funds, proceeds and instrumentalities (18 U.S.C.
981(a)(1)).
CHANGES IN EXISTING LAW MADE BY THE BILL, AS REPORTED

In compliance with clause 3(e) of rule XIII of the Rules of the House
of Representatives, changes in existing law made by the bill, as
reported, are shown as follows (existing law proposed to be omitted is
enclosed in black brackets, new matter is printed in italics, existing
law in which no change is proposed is shown in roman):

TITLE 18, UNITED STATES CODE

* * * * * * *

CHAPTER 46--FORFEITURE

* * * * * * *

981. Civil forfeiture

(a)(1) The following property is subject to forfeiture to the United
States:
(A) * * *

* * * * * * *

(H) Any property, real or personal, involved in a violation or
attempted violation, or which constitutes or is derived from proceeds
traceable to a violation, of section 2339C of this title.

* * * * * * *

CHAPTER 113B--TERRORISM

Sec.

2331. Definitions.

* * * * * * *

2332f. Bombings of places of public use, government facilities,
public transportation systems and infrastructure facilities.
* * * * * * *

2339C. Prohibitions against the financing of terrorism.

* * * * * * *

2332b. Acts of terrorism transcending national boundaries

(a) * * *

* * * * * * *

(g) Definitions.--As used in this section--

(1) * * *

* * * * * * *

(5) the term ``Federal crime of terrorism'' means an offense that--

(A) * * *

(B) is a violation of--

(i) section 32 (relating to destruction of aircraft or aircraft
facilities), 37 (relating to violence at international airports), 81
(relating to arson within special maritime and territorial
jurisdiction), 175 or 175b (relating to biological weapons), 229
(relating to chemical weapons), subsection (a), (b), (c), or (d) of
section 351 (relating to congressional, cabinet, and Supreme Court
assassination and kidnaping), 831 (relating to nuclear materials),
842(m) or (n) (relating to plastic explosives), 844(f)(2) or (3)
(relating to arson and bombing of Government property risking or causing
death), 844(i) (relating to arson and bombing of property used in
interstate commerce), 930(c) (relating to killing or attempted killing
during an attack on a Federal facility with a dangerous weapon),
956(a)(1) (relating to conspiracy to murder, kidnap, or maim persons
abroad), 1030(a)(1) (relating to protection of computers),
1030(a)(5)(A)(i) resulting in damage as defined in 1030(a)(5)(B)(ii)
through (v) (relating to protection of computers), 1114 (relating to
killing or attempted killing of officers and employees of the United
States), 1116 (relating to murder or manslaughter of foreign officials,
official guests, or internationally protected persons), 1203 (relating
to hostage taking), 1362 (relating to destruction of communication
lines, stations, or systems), 1363 (relating to injury to buildings or
property within special maritime and territorial jurisdiction of the
United States), 1366(a) (relating to destruction of an energy facility),
1751(a), (b), (c), or (d) (relating to Presidential and Presidential
staff assassination and kidnaping), 1992 (relating to wrecking trains),
1993 (relating to terrorist attacks and other acts of violence against
mass transportation systems), 2155 (relating to destruction of national
defense materials, premises, or utilities), 2280 (relating to violence
against maritime navigation), 2281 (relating to violence against
maritime fixed platforms), 2332 (relating to certain homicides and other
violence against United States nationals occurring outside of the United
States), 2332a (relating to use of weapons of mass destruction), 2332b
(relating to acts of terrorism transcending national boundaries), 2332f
(relating to bombing of public places and facilities), 2339 (relating to
harboring terrorists), 2339A (relating to providing material support to
terrorists), 2339B (relating to providing material support to terrorist
organizations), 2339C (relating to financing of terrorism), or 2340A
(relating to torture) of this title;
* * * * * * *

2332f. Bombings of places of public use, government
facilities, public transportation systems and infrastructure facilities
(a) Offenses.--

(1) In general.--Whoever unlawfully delivers, places, discharges, or
detonates an explosive or other lethal device in, into, or against a
place of public use, a state or government facility, a public
transportation system, or an infrastructure facility--
(A) with the intent to cause death or serious bodily injury, or

(B) with the intent to cause extensive destruction of such a place,
facility, or system, where such destruction results in or is likely to
result in major economic loss, shall be punished as prescribed in
subsection (c).
(2) Attempts and conspiracies.--Whoever attempts or conspires to
commit an offense under paragraph (1) shall be punished as prescribed in
subsection (c).
(b) Jurisdiction.--There is jurisdiction over the offenses in
subsection (a) if--
(1) the offense takes place in the United States and--

(A) the offense is committed against another state or a government
facility of such state, including its embassy or other diplomatic or
consular premises of that state;
(B) the offense is committed in an attempt to compel another state
or the United States to do or abstain from doing any act;
(C) at the time the offense is committed, it is committed--

(i) on board a vessel flying the flag of another state;

(ii) on board an aircraft which is registered under the laws of
another state; or
(iii) on board an aircraft which is operated by the government of
another state;
(D) a perpetrator is found outside the United States;

(E) a perpetrator is a national of another state or a stateless
person; or
(F) a victim is a national of another state or a stateless person;

(2) the offense takes place outside the United States and--

(A) a perpetrator is a national of the United States or is a
stateless person whose habitual residence is in the United States;
(B) a victim is a national of the United States;

(D) the offense is committed in an attempt to compel the United
States to do or abstain from doing any act;
(E) the offense is committed against a state or government facility
of the United States, including an embassy or other diplomatic or
consular premises of the United States;
(F) the offense is committed on board a vessel flying the flag of
the United States or an aircraft which is registered under the laws of
the United States at the time the offense is committed; or
(G) the offense is committed on board an aircraft which is operated
by the United States.
(c) Penalties.--Whoever violates this section shall be imprisoned for
any term of years or for life, and if death results from the violation,
shall be punished by death or imprisoned for any term of years or for
life.
(d) Exemptions to Jurisdiction.--This section does not apply to--

(1) the activities of armed forces during an armed conflict, as
those terms are understood under the law of war, which are governed by
that law,
(2) activities undertaken by military forces of a state in the
exercise of their official duties; or
(3) offenses committed within the United States, where the alleged
offender and the victims are United States citizens and the alleged
offender is found in the United States, or where jurisdiction is
predicated solely on the nationality of the victims or the alleged
offender and the offense has no substantial effect on interstate or
foreign commerce.
(e) Definitions.--As used in this section, the term--

(1) ``serious bodily injury'' has the meaning given that term in
section 1365(g)(3) of this title;
(2) ``national of the United States'' has the meaning given that
term in section 101(a)(22) of the Immigration and Nationality Act (8
U.S.C. 1101(a)(22));
(3) ``state or government facility'' includes any permanent or
temporary facility or conveyance that is used or occupied by
representatives of a state, members of Government, the legislature or
the judiciary or by officials or employees of a state or any other
public authority or entity or by employees or officials of an
intergovernmental organization in connection with their official duties;
(4) ``intergovernmental organization'' includes international
organization (as defined in section 1116(b)(5) of this title);
(5) ``infrastructure facility'' means any publicly or privately
owned facility providing or distributing services for the benefit of the
public, such as water, sewage, energy, fuel, or communications;
(6) ``place of public use'' means those parts of any building, land,
street, waterway, or other location that are accessible or open to
members of the public, whether continuously, periodically, or
occasionally, and encompasses any commercial, business, cultural,
historical, educational, religious, governmental, entertainment,
recreational, or similar place that is so accessible or open to the
public;
(7) ``public transportation system'' means all facilities,
conveyances, and instrumentalities, whether publicly or privately owned,
that are used in or for publicly available services for the
transportation of persons or cargo;
(8) ``explosive'' has the meaning given in section 844(j) of this
title insofar that it is designed, or has the capability, to cause
death, serious bodily injury, or substantial material damage;
(9) ``other legal device'' means any weapon or device that is
designed or has the capability to cause death, serious bodily injury, or
substantial damage to property through the release, dissemination, or
impact of toxic chemicals, biological agents, or toxins (as those terms
are defined in section 178 of this title) or radiation or radioactive
material;
(10) ``military forces of a state'' means the armed forces of a
state which are organized, trained, and equipped under its internal law
for the primary purpose of national defense or security, and persons
acting in support of those armed forces who are under their formal
command, control, and responsibility;
(11) ``armed conflict'' does not include internal disturbances and
tensions, such as riots, isolated, and sporadic acts of violence, and
other acts of a similar nature; and
(12) ``state'' has the same meaning as that term has under
international law, and includes all political subdivisions thereof.

* * * * * * *

2339A. Providing material support to terrorists

(a) Offense.--Whoever provides material support or resources or
conceals or disguises the nature, location, source, or ownership of
material support or resources, knowing or intending that they are to be
used in preparation for, or in carrying out, a violation of section 32,
37, 81, 175, 229, 351, 831, 842 (m) or (n), 844 (f) or (i), 903(c), 956,
1114, 1116, 1203, 1361, 1362, 1363, 1366, 1751, 1992, 1993, 2155, 2156,
2280, 2281, 2332, 2332a, 2332b, 2332c, 2332f, or 2340A of this title,
section 236 of the Atomic Energy Act of 1954 (42 U.S.C. 2284), or
section 46502 or 60123(b) of title 49, or in preparation for, or in
carrying out, the concealment or an escape from the commission of any
such violation, or attempts or conspires to do such an act, shall be
fined under this title, imprisoned not more than 15 years, or both, and,
if the death of any person results, shall be imprisoned for any term of
years or for life. A violation of this section may be prosecuted in any
Federal judicial district in which the underlying offense was committed,
or in any other Federal judicial district as provided by law.
* * * * * * *

2339C. Prohibitions against the financing of terrorism

(a) Offenses.--

(1) In general.--Whoever, in a circumstance described in subsection
(c), by any means, directly or indirectly, unlawfully and willfully
provides or collects funds with the intention that such funds be used,
or with the knowledge that such funds are to be used, in full or in
part, in order to carry out--
(A) an act which constitutes an offense within the scope of a treaty
specified in subsection (e)(7), as implemented by the United States, or
(B) any other act intended to cause death or serious bodily injury
to a civilian, or to any other person not taking an active part in the
hostilities in a situation of armed conflict, when the purpose of such
act, by its nature or context, is to intimidate a population, or to
compel a government or an international organization to do or to abstain
from doing any act,
shall be punished as prescribed in subsection (d)(1).

(2) Attempts and conspiracies.--Whoever attempts or conspires to
commit an offense under paragraph (1) shall be punished as prescribed in
subsection (d)(1).
(3) Relationship to predicate act.--For an act to constitute an
offense set forth in this subsection, it shall not be necessary that the
funds were actually used to carry out a predicate act.
(b) Concealment.--

(1) In General.--Whoever, in the United States, or outside the
United States and a national of the United States or a legal entity
organized under the laws of the United States (including any of its
States, districts, commonwealths, territories, or possessions),
knowingly conceals or disguises the nature, the location, the source, or
the ownership or control of any material support or resources provided
in violation of section 2339B of this chapter, or of any funds provided
or collected in violation of subsection (a) or any proceeds of such
funds, shall be punished as prescribed in subsection (d)(2).
(2) Attempts and conspiracies.--Whoever attempts or conspires to
commit an offense under paragraph (1) shall be punished as prescribed in
subsection (d)(2).
(c) Jurisdiction.--There is jurisdiction over the offenses in
subsection (a) in the following circumstances--
(1) the offense takes place in the United States and--

(A) a perpetrator was a national of another state or a stateless
person;
(B) on board a vessel flying the flag of another state or an
aircraft which is registered under the laws of another state at the time
the offense is committed;
(C) on board an aircraft which is operated by the government of
another state;
(D) a perpetrator is found outside the United States;

(E) was directed toward or resulted in the carrying out of a
predicate act against--
(i) a national of another state; or

(ii) another state or a government facility of such state, including
its embassy or other diplomatic or consular premises of that state;
(F) was directed toward or resulted in the carrying out of a
predicate act committed in an attempt to compel another state or
international organization to do or abstain from doing any act; or
(G) was directed toward or resulted in the carrying out of a
predicate act--
(i) outside the United States; or

(ii) within the United States, and either the offense or the
predicate act was conducted in, or the results thereof affected,
interstate or foreign commerce;
(2) the offense takes place outside the United States and--

(A) a perpetrator is a national of the United States or is a
stateless person whose habitual residence is in the United States;
(B) a perpetrator is found in the United States; or

(C) was directed toward or resulted in the carrying out of a
predicate act against--
(i) any property that is owned, leased, or used by the United States
or by any department or agency of the United States, including an
embassy or other diplomatic or consular premises of the United States;
(ii) any person or property within the United States;

(iii) any national of the United States or the property of such
national; or
(iv) any property of any legal entity organized under the laws of
the United States, including any of its States, districts,
commonwealths, territories, or possessions;
(3) the offense is committed on board a vessel flying the flag of
the United States or an aircraft which is registered under the laws of
the United States at the time the offense is committed;
(4) the offense is committed on board an aircraft which is operated
by the United States; or
(5) the offense was directed toward or resulted in the carrying out
of a predicate act committed in an attempt to compel the United States
to do or abstain from doing any act.
(d) Penalties.--

(1) Whoever violates subsection (a) shall be fined under this title,
imprisoned for not more than 20 years, or both.
(2) Whoever violates subsection (b) shall be fined under this title,
imprisoned for not more than 10 years, or both.
(e) Definitions.--As used in this section--

(1) the term ``funds'' means assets of every kind, whether tangible
or intangible, movable or immovable, however acquired, and legal
documents or instruments in any form, including electronic or digital,
evidencing title to, or interest in, such assets, including coin,
currency, bank credits, travelers checks, bank checks, money orders,
shares, securities, bonds, drafts, and letters of credit;
(2) the term ``government facility'' means any permanent or
temporary facility or conveyance that is used or occupied by
representatives of a state, members of a government, the legislature, or
the judiciary, or by officials or employees of a state or any other
public authority or entity or by employees or officials of an
intergovernmental organization in connection with their official duties;
(3) the term ``proceeds'' means any funds derived from or obtained,
directly or indirectly, through the commission of an offense set forth
in subsection (a);
(4) the term ``provides'' includes giving, donating, and transmitting;

(5) the term ``collects'' includes raising and receiving;

(6) the term ``predicate act'' means any act referred to in
subparagraph (A) or (B) of subsection (a)(1);
(7) the term ``treaty'' means--

(A) the Convention for the Suppression of Unlawful Seizure of
Aircraft, done at The Hague on December 16, 1970;
(B) the Convention for the Suppression of Unlawful Acts against the
Safety of Civil Aviation, done at Montreal on September 23, 1971;
(C) the Convention on the Prevention and Punishment of Crimes
against Internationally Protected Persons, including Diplomatic Agents,
adopted by the General Assembly of the United Nations on December 14,
1973;
(D) the International Convention against the Taking of Hostages,
adopted by the General Assembly of the United Nations on December 17,
1979;
(E) the Convention on the Physical Protection of Nuclear Material,
adopted at Vienna on March 3, 1980;
(F) the Protocol for the Suppression of Unlawful Acts of Violence at
Airports Serving International Civil Aviation, supplementary to the
Convention for the Suppression of Unlawful Acts against the Safety of
Civil Aviation, done at Montreal on February 24, 1988;
(G) the Convention for the Suppression of Unlawful Acts against the
Safety of Maritime Navigation, done at Rome on March 10, 1988;
(H) the Protocol for the Suppression of Unlawful Acts against the
Safety of Fixed Platforms located on the Continental Shelf, done at Rome
on March 10, 1988; or
(I) the International Convention for the Suppression of Terrorist
Bombings, adopted by the General Assembly of the United Nations on
December 15, 1997;
(8) the term ``intergovernmental organization'' includes
international organizations;
(9) the term ``international organization'' has the same meaning as
in section 1116(b)(5) of this title;
(10) the term ``armed conflict'' does not include internal
disturbances and tensions, such as riots, isolated and sporadic acts of
violence, and other acts of a similar nature;
(11) the term ``serious bodily injury'' has the same meaning as in
section 1365(g)(3) of this title;
(12) the term ``national of the United States'' has the meaning
given that term in section 101(a)(22) of the Immigration and Nationality
Act (8 U.S.C. 1101(a)(22)); and
(13) the term ``state'' has the same meaning as that term has under
international law, and includes all political subdivisions thereof.
(f) Civil Penalty.--In addition to any other criminal, civil, or
administrative liability or penalty, any legal entity located within the
United States or organized under the laws of the United States,
including any of the laws of its States, districts, commonwealths,
territories, or possessions, shall be liable to the United States for
the sum of at least $10,000, if a person responsible for the management
or control of that legal entity has, in that capacity, committed an
offense set forth in subsection (a).

* * * * * * *

CHAPTER 119--WIRE AND ELECTRONIC COMMUNICATIONS INTERCEPTION AND
INTERCEPTION OF ORAL COMMUNICATIONS
* * * * * * *

2516. Authorization for interception of wire, oral, or
electronic communications
(1) The Attorney General, Deputy Attorney General, Associate Attorney
General, or any Assistant Attorney General, any acting Assistant
Attorney General, or any Deputy Assistant Attorney General or acting
Deputy Assistant Attorney General in the Criminal Division specially
designated by the Attorney General, may authorize an application to a
Federal judge of competent jurisdiction for, and such judge may grant in
conformity with section 2518 of this chapter an order authorizing or
approving the interception of wire or oral communications by the Federal
Bureau of Investigation, or a Federal agency having responsibility for
the investigation of the offense as to which the application is made,
when such interception may provide or has provided evidence of--
(a) * * *

* * * * * * *

(q) any criminal violation of section 229 (relating to chemical
weapons); or sections 2332, 2332a, 2332b, 2332d, 2332f, 2339A, or 2339B
2339B, or 2339C of this title (relating to terrorism); or
* * * * * * *

MARKUP TRANSCRIPT

BUSINESS MEETING

THURSDAY, NOVEMBER 15, 2001

House of Representatives,

Committee on the Judiciary,

Washington, DC.

The Committee met, pursuant to notice, at 10:10 a.m., in Room 2141,
Rayburn House Office Building, Hon. F. James Sensenbrenner, Jr.
(Chairman of the Committee) presiding.
Chairman Sensenbrenner. The Committee will be in order.

The last item on the agenda is the adoption of H.R. 3275, the
implementation legislation for the International Convention for the
Suppression of Financing of Terrorism.
The Chair recognizes the gentleman from Texas, Mr. Smith, the
Chairman of the Subcommittee on Crime.
Mr. Smith. Thank you, Mr. Chairman.

Mr. Chairman, the Subcommittee on Crime reports favorably the bill
H.R. 3275 and moves its favorable recommendation in the full House.
Chairman Sensenbrenner. Without objection, H.R. 3275 will be
considered as read and open for amendment at any point.
[The bill, H.R. 3275, follows:]

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Chairman Sensenbrenner. The Chair recognizes the gentleman from
Texas, Mr. Smith, to strike the last word.
Mr. Smith. Mr. Chairman, international terrorism once threatened
Americans only when they were outside our country. Today every American
must live their life conscious of the fact that the war on terrorism is
being fought not only in other countries but also in our own.
International cooperation is one way to defeat terrorism and is
critically important to our success.
Mr. Chairman, H.R. 3275 is bipartisan legislation. Both treaties were
drafted and initiated by the Clinton Administration and are now strongly
supported by the Bush Administration.
The first treaty, the International Convention for the Suppression of
Terrorist Bombings, was drafted by the United States in the wake of the
bombing attack of the U.S. military personnel in Saudi Arabia in 1996.
This treaty creates international jurisdiction over the unlawful and
intentional use of explosives and other lethal devises at public places
with the intent to kill or cause serious bodily injury or with intent to
cause the extensive destruction of the public place itself.
The treaty requires nations to extradite or submit for prosecution
persons accused of committing or aiding such offenses. Thirty-seven
nations are currently party to the convention, which became effective
internationally on May 23rd, 2001.
The second treaty is the International Convention for the Suppression
of Financing of Terrorism drafted in 1999. This convention imposes
binding legal obligations upon nations either to submit for prosecution
or to extradite any person within their jurisdiction who unlawfully and
willfully provides or collects funds with the intention that they be
used to carry out terrorist activities.
Nations also are required to take appropriate steps for the
detection, freezing, seizure, or forfeiture of any funds used or
allocated for the purposes of committing terrorist acts.
By approving this legislation, we will avoid any delay in
implementing these treaties once they have been ratified by the Senate.
Some might oppose this legislation because the bill provides for the
possibility of the death penalty for those international terrorists who
blow up public buildings and kill innocent people. Others might be
opposed because these new terrorist laws would be added as predicate
offenses to our laws on wiretaps, money laundering, and material support
for terrorism. However, we already have laws in place that provide the
death penalty for terrorists that murder innocent civilians, so the
provisions of this bill are consistent with current law. Furthermore,
this bill amends current laws against terrorists simply to include
crimes of terrorist bombings and financing terrorism.
Some concern was expressed at the hearing on this bill that there may
be other laws already enacted that could cover the terrorist activities
this bill focuses on. While there may be some overlap of current law
with the crimes set forth in this bill, Assistant Attorney General
Michael Chertoff testified that the bill does plug important and serious
gaps in our criminal code.
As Mr. Chertoff stated: These are serious crimes that we should be
able to attack from multiple ways. We should not shy away from plugging
gaps for crimes that involve terrorist bombings simply because there may
be some other related criminal statute in place when we can enact a
criminal law that is exactly on point.
Changing or delaying these conventions could handcuff our law
enforcement officers in their efforts to bring terrorists to justices.
These treaties, once they are ratified and implemented, will expand the
legal framework for international cooperation in the investigation,
prosecution, and extradition of persons who engage in bombings and
financially support terrorist organizations.
Mr. Chairman, at a time when other nations are being asked to support
our coalition efforts, we should act promptly to join them in these
treaties to fight international terrorism.
I yield back the balance of my time.

Chairman Sensenbrenner. The gentleman from Virginia, Mr. Scott.

Mr. Scott. Thank you, Mr. Chairman.

Mr. Chairman, I am in favor of the United States ratifying the
International Convention for the Suppression of Terrorist Bombing and
the International Convention for the Suppression of the Financing of
Terrorism, but I am opposed to H.R. 3275, the implementing legislation,
in its current form.
There are numerous controversial provisions in the bill, such as
death penalties, which are not necessary to implement the treaties. If
we could focus our attention on just doing what is needed to implement
the treaties, I am sure that we could do so quickly and unanimously.
These treaties have been pending for some time, so I applaud the
President's decision to seek their ratification. However, I am concerned
that right on the heels of hurriedly enacting into law an anti-terrorism
bill laden down with severe penalties and severe intrusions into
traditional civil liberties, we are now being asked to enact--again in a
hurry--yet another such bill.
The anti-terrorism bill we just enacted was represented by the
Administration as a comprehensive anti-terrorism bill designed to cover
the full gamut of terroristic threats to this country. Upon that
representation, unprecedented extensions of wiretap, RICO, asset
seizures, and punishments were enacted into law. Many of them had
nothing to do with terrorism.
Because we are not sure how these intrusive measures would play out,
the bill this Committee passed unanimously placed a 2-year sunset on
these provisions, and the bill finally was adopted with a 4-year sunset.
The bill before us provides for further extensions of these drastic
measures, and even goes further by adding additional death penalty
provisions with no sunset or other type of review.
The Justice Department has made it clear that these measures are not
required for ratification of treaties that have been pending before the
Senate for over a year. The part of the bill that addresses what is
required is not controversial. But it seems that much of it is
duplicative of existing law.
The Department of Justice, for example, insists that it needs the
bill because there is a gap in the law when someone bombs a foreign
embassy in the United States.
Now, Members of the Committee, let's be serious. If somebody blows up
an embassy in downtown D.C. and law enforcement officials can't figure
out how to charge a crime under existing law, we've got more problems
than this bill will cure.
Of particular concern is the death penalty, which can't be necessary
because other countries who are signatories to the treaties don't have
any death penalties at all.
So, Mr. Chairman, we should separate what is required and not
controversial from what is controversial and not required, so we can
pass a bill with broad support, as we did with the anti-terrorism bill.
If more is desired, let's discuss in that in a separate bill.
Now, I understand that the gentleman from Texas will have an
amendment which addresses some of these concerns, and I look forward to
consideration of that amendment.
Thank you, Mr. Chairman.

Chairman Sensenbrenner. Without objection, all Members opening
statements will be inserted in the record at this point.
[The statement of Mr. Conyers follows:]

Prepared Statement of the Honorable John Conyers, Jr., a
Representative in Congress From the State of Michigan
I rise in support of this amendment, which strikes the death penalty
as a punishment under this legislation. This legislation is not the
appropriate time or vehicle for expanding use of the death penalty in
this country. Simply put, the death penalty should not be expanded; it
has raised numerous concerns because of its questionable
constitutionality and the manner in which it is implemented.
As practiced in this country, the death penalty violates not only the
Eighth Amendment prohibition against cruel and unusual punishment but
also the Sixth Amendment guarantee of right to counsel. A Columbia
University study showed that two out of three death penalty convictions
between 1973 and 1995 were overturned on appeal, largely because of
incompetent counsel. Many lawyers appointed to death penalty cases
simply have no experience whatsoever with capital offenses. We simply
are not complying with the Sixth Amendment in a situation where
defendants' lives are dependent upon inexperienced lawyers. It is
because of these concerns that Mr. Delahunt's Innocence Protection Act
garnered so many cosponsors from both sides of the aisle.
And unfortunately, sometimes the errors in death penalty cases are
not discovered until after the defendant is already incarcerated. In
Oklahoma City, the FBI has found that police chemists have performed
flawed analyses in numerous cases; at least one man has been released
from death row when DNA evidence cleared him. Overall, approximately
ninety-eight death row inmates have been exonerated since the death
penalty was reinstated in the 1970's.
Moreover, numerous studies have shown that it is applied in a
discriminate manner. For instance, statistics show that African-American
defendants convicted of killing white victims are ten times more likely
to receive the death penalty than white defendants who kill
African-Americans. Evidence like this indicates that capital punishment
is being applied unfairly and should be curtailed, not expanded.
This is why numerous politicians on both sides of the aisle, legal
experts, and Americans are not only raising concerns about capital
punishment but also opposing it. After learning that thirteen death row
inmates had been exonerated in Illinois, Republican Governor George Ryan
imposed a blanket moratorium on executions in his state. Supreme Court
Justice Sandra Day O'Connor said just this past July that ``serious
questions are being raised'' about the death penalty and ``the system
may well be allowing some innocent defendants to be executed.'' The
American Bar Association also has called for a moratorium. Even Texas,
the state traditionally having a high execution rate, has reduced its
rate from forty last year to thirteen this year. And when asked whether
they support capital punishment or life without parole, only forty-seven
percent of Americans favor the death penalty; an all-time low.
Finally, I fail to understand why we need a death penalty in order to
comply with a treaty when most other signatory nations have outlawed it.
As a matter of fact, many parties to the convention may not extradite
persons to us because we impose the death penalty.
I urge my colleagues to vote ``Yes'' on this amendment.

[The statement of Ms. Jackson Lee follows:]

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Are there amendments----

Mr. Delahunt. Mr. Chairman?

Mr. Smith. Mr. Chairman?

Mr. Nadler. Mr. Chairman?

Chairman Sensenbrenner. The gentleman from Texas.

Mr. Smith. Mr. Chairman, I have an amendment at the desk.

Chairman Sensenbrenner. The clerk will report the amendment.

The Clerk. Amendment to H.R. 3275----

Mr. Smith. Mr. Chairman, I ask unanimous consent that the amendment
be considered as read.
Chairman Sensenbrenner. Without objection, so ordered.

[The amendment follows:]

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Chairman Sensenbrenner. And the gentleman from Texas is recognized
for 5 minutes.
Mr. Smith. Thank you, Mr. Chairman.

And as the gentleman from Virginia indicated, I do hope that this
amendment will satisfy some of the concerns that he has expressed, as
well as the concerns expressed by the gentlewoman from Texas, Ms.
Jackson Lee.
Mr. Chairman, I offer this amendment to make changes to the bill
consistent with recommendations provided by the Department of Justice.
These recommendations were made in response to requests by Members of
the Subcommittee that the Department of Justice review the bill and
inform them of any provision that was not necessary to comply with the
terrorist bombing treaty or the financing of terrorism treaty.
Upon further review, the Justice Department has determined that it is
not necessary to specifically reference the RICO statutes or the
extension of the statute of limitations. Since the crimes that we are
dealing with are Federal crimes of terrorism, under section
2332b(g)(5)(B) of title 18 of the U.S. Code, they would automatically be
included in these statutes.
This amendment will serve to simplify the bill language, and I urge
my colleagues to support it.
Mr. Scott. Mr. Chairman?

Chairman Sensenbrenner. The gentleman from Virginia, Mr. Scott.

Mr. Scott. I move to strike the last word.

Chairman Sensenbrenner. The gentleman is recognized for 5 minutes.

Mr. Scott. Mr. Chairman, the amendment has what's called ancillary
measures, which suggests that they are not absolutely needed.
I would point out that the wiretap predicate, unlike the wiretap
legislation that we passed in the anti-terrorism bill, is limited to
terrorism situations under title 3, which requires probable cause that
crimes are being committed. That is in stark contrast to what we passed
last time around, where with the FISA wiretaps, you don't even have to
suggest that a crime is being committed and you don't need probable
cause.
This amendment limits the application of the bill and more closely
reflects what is needed to conform with the treaties. And, therefore, I
would support the amendment.
Chairman Sensenbrenner. The question is on the----

Ms. Jackson Lee. Will the gentleman yield? Will the gentleman yield?

Chairman Sensenbrenner. The gentleman from Virginia----

Mr. Scott. Reclaiming my time, and I would yield to the gentlelady
from Texas.
Ms. Jackson Lee. Let me as well indicate my concerns with the broad
net again for implementing the treaties, in as much as many of the
provisions were already in U.S. criminal law.
And I would say to the gentleman from Texas, this alleviates some of
my concern in the redundancy issue that we raised in Subcommittee. And I
thank the gentleman for the amendment, and I support the amendment.
Mr. Frank. Would the gentleman yield?

Mr. Scott. I yield to the gentleman from Massachusetts.

Mr. Frank. Mr. Chairman, since this is now becoming a love
fest--[Laughter.]--I just wanted to add a word of bipartisan praise.
I think we should take note, this appears to be the first treaty that
the Bush Administration has discovered on entering office that it is
prepared to support. [Laughter.]
And we've heard a lot about the belated discovery of multilateralism.
I have been trying to think of all of the treaties that Bush
Administration administered, and we have finally found one that it
likes, and I think that ought to be duly noted.
Chairman Sensenbrenner. And then we should quickly pass this bill.

The question is on the----

Mr. Delahunt. Will the gentleman yield?

Mr. Frank. Before they change their minds. [Laughter.]

Chairman Sensenbrenner. Right.

The question is on the amendment offered by the gentleman from Texas,
Mr. Smith.
Those in favor will say aye.

Opposed, no.

The ayes appear to have it. The ayes have it, and the amendment is
agreed to.
Are there further amendments?

Mr. Nadler. Mr. Chairman?

Chairman Sensenbrenner. The gentleman from New York, Mr. Nadler.

Mr. Nadler. I don't have an amendment; I have a question for the
sponsor of the bill.
Chairman Sensenbrenner. The gentleman strikes the last word and is
recognized for 5 minutes.
Mr. Nadler. Thank you. I just have a question.

I'm trying to understand this bill, the necessity. Can you cite for
us, please, precisely anything that this bill adds to the law? In other
words, what's now legal that would be made illegal under this bill?
Mr. Delahunt. Will the gentleman yield?

Mr. Nadler. To who?

Mr. Delahunt. To----

Mr. Nadler. Oh, yes, certainly.

Mr. Delahunt. Yes, at my request yesterday, there was a
memorandum--and I want to compliment the department for producing it in
a timely fashion--that posed that exact question. And if you don't have
it in front of you, I would be happy to share my copy of it with you.
It's entitled ``Response to Request by Members of Subcommittee for
More Input.''
It says, ``Provisions that do not directly implement the
conventions.'' And clearly, it would take longer than you or I have in
terms of time to recite it.
Mr. Nadler. Well, I will read this, but--thank you.

Reclaiming my time.

I will read this.

But I will yield to the gentleman. Could you give us examples of what
are now legal that would be made illegal under this bill?
Mr. Smith. Let me give you one specific example that was given to us
by the Associate Attorney General yesterday. And it is this: If, for
example, a U.S. citizen were implicated in planting a bomb in an Air
France aircraft that exploded and killed people, with no U.S. citizens,
under current law, that U.S. citizen would not be able to be prosecuted.
Whereas under the treaty----
Mr. Nadler. That's hard to--reclaiming my time.

It's hard to believe that it is not a crime now to plant a bomb in
the United States on a foreign aircraft if the bomb explodes over the
ocean?
Mr. Smith. No, no, no, no. If the U.S. citizen planted a bomb in
France on an Air France aircraft, blew it up----
Mr. Nadler. Presumably that would be a crime under French law which
they would extradite----
Mr. Smith. Well, that was the example given to us yesterday by the
Attorney General.
Mr. Nadler. So this expands our jurisdiction to crimes that occur in
a foreign----
Mr. Smith. Correct. And it fills in some gaps that are now open and
where we are not able to prosecute.
Mr. Nadler. Let me just ask one other question, then. And I haven't
given this any thought, obviously, but are there problems with giving
the United States jurisdiction for crimes that occur in France, that
France might want to prosecute?
Mr. Smith. If the gentleman will yield, I think the point of the
treaty is that we want to be able to have that individual extradited and
work with France----
Mr. Frank. Will the gentleman yield?

Mr. Nadler. Yes.

Mr. Frank. Well, if you pass this bill, he won't be extradited,
because they won't extradite anybody to be subject to a death penalty.
So if you include the death penalty, you guarantee that there will be no
extradition.
Mr. Delahunt. Will the gentleman yield?

Mr. Nadler. Yes.

Mr. Delahunt. I have an amendment that would deal with the death
penalty issue, because of the reluctance on the part of a number of
parties to the agreement.
Mr. Nadler. I appreciate the gentleman.

Reclaiming my time, can you give me an example, other--I mean, I find
it difficult to think that we are going to pass a bill to give us
jurisdiction for a crime in France that France would certainly want
to--if someone put a bomb on an Air France, in France, put a bomb on an
Air France airline that blew up, I suspect the French would want to
prosecute that individual. And why would they extradite them to the
United States so we could prosecute them?
Give me a more practical example. I mean, I don't see a great problem
in that situation, where France would certainly want to prosecute. Is
there anything that might happen where someone else doesn't want to
prosecute that this bill would help us with?
Mr. Smith. By the way, I think that was a very practical example,
because I think that's a very realistic possibility.
Let me see if we can----

Mr. Nadler. Yes, but France would take care of that, presumably.

Mr. Smith. If the gentleman will continue to yield, let me see if we
can give another example based upon the testimony we received.
Let me read to the gentleman a couple of paragraphs as to what Mr.
Chertoff testified and maybe that will reassure him: Some concern was
expressed at the hearing on this bill--this is what I mentioned awhile
ago--that there may be other laws already enacted that could cover the
terrorist activities the bill focuses on. While there may be some
overlap of current law with the crimes set forth in this bill, Assistant
Attorney General Michael Chertoff testified that the bill does plug
important and serious gaps in our criminal code.
As he stated: These are serious crimes that we should be able to
attack from multiple ways. We should not shy away from plugging gaps for
crimes that involve terrorist bombings simply because there may be some
other related criminal statute in place when we can enact a criminal law
that is exactly on point.
If the gentleman wants to yield further, I can read him part of the
memo that was given----
Mr. Nadler. I'm reclaiming my time. Thank you very much.

Mr. Smith. Okay.

Mr. Nadler. You read that before anyway.

I yield back.

Mr. Watt. Mr. Chairman? Mr. Chairman?

Chairman Sensenbrenner. The gentleman from North Carolina, Mr. Watt.

Mr. Watt. I move to strike the last word----

Chairman Sensenbrenner. The gentleman is recognized for 5 minutes.

Mr. Watt [continuing]. Just for the purpose of requesting that maybe
we all would feel better if we had a copy of the letter that was written
to Mr. Delahunt, which apparently has not been circulated.
Mr. Delahunt. Will the gentleman yield?

Chairman Sensenbrenner. Is it possible that the staff can supply the
letter quickly?
Mr. Smith. We can give them a copy, Mr. Chairman. It's titled,
``Response to Request by Members of Subcommittee for More Input:
Provisions that do not directly implement,'' and then it goes into
provisions which implement the convention.
Chairman Sensenbrenner. Without objection, the letter will be put in
the record at this point.
[The information referred to follows:]

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Mr. Scott. Mr. Chairman?

Chairman Sensenbrenner. The time belongs to the gentleman from North
Carolina, Mr. Watt.
Mr. Watt. I yield back.

Mr. Scott. Mr. Chairman?

Chairman Sensenbrenner. Are there amendments?

Mr. Delahunt. Mr. Chairman?

Mr. Scott. Can I ask unanimous consent that the gentleman from
Massachusetts be recognized for the purpose of an amendment. He has a
time constraint and would like his amendment considered.
Chairman Sensenbrenner. The Chair was about ready to recognize him
all by himself. [Laughter.]
For what purpose does the gentleman from Massachusetts seek recognition.

Mr. Delahunt. I thank the Chairman for recognizing me--all by myself.

I have an amendment at the desk.

Chairman Sensenbrenner. The clerk will report the amendment.

Mr. Smith. Mr. Chairman, I will reserve a point of order.

Chairman Sensenbrenner. A point of order is reserved.

The Clerk. Amendment to H.R. 3275, offered by Mr. Delahunt and Mr.
Scott.
Page 5, line 7, insert a period after ``life'' and strike all that
follows through line 9.
[The amendment follows:]

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Chairman Sensenbrenner. The gentleman from Massachusetts is
recognized for 5 minutes.
Mr. Delahunt. Yes, Mr. Chairman, the amendment, which I am joined in
with Mr. Scott, would delete the language authorizing the imposition of
the death penalty for the offenses set forth under section 102.
In the memorandum presented by the Department of Justice, it
acknowledges that apart from these ancillary measures, the proposed
legislation contains a very limited number of provisions that are not
required for the implementation of the conventions.
One of those, of course, is the death penalty. In fact, Mr. Chairman,
not only is it not required by the convention, but, as others have
suggested, it could impair the fight against international terrorism by
making it harder for the Justice Department to secure extradition in
these kinds of cases.
Let's be honest, much of the rest of the civilized world rejects the
death penalty. And even some of our closest allies--Canada, for
example--have begun to refuse extradition requests by the United States
unless the courts can be assured that the defendants will not face
execution.
Given that situation, how can it serve our national interests to
enact additional unnecessary provisions that further marginalize us
among our allies who reject the death penalty? The only answer I have
heard is that the new death penalty provision merely tracks current law
with respect to comparable domestic crimes. Well, that's true. And we're
not repealing current law.
But the fact that the current law presents an obstacle to our law
enforcement objectives is, for me, hardly a persuasive argument for
compounding the problem.
So I support the implementation of the conventions with all due
speed. I think there are other problems. I would have preferred a
different process here.
But, saying that, let's do it in a way that advances our national
objectives.
And I urge support for the amendment and yield back the balance of my
time.
Chairman Sensenbrenner. The Chair would beg the indulgence of Members
of the Committee. We are unsure whether we adopted Mr. Smith's
amendment.
Does the clerk have a record? Have we adopted Mr. Smith's amendment?

Okay, since we have done that, we are now on the Delahunt amendment.
Does the gentleman from Texas, Mr. Smith, insist on his point of order?
Mr. Smith. Mr. Chairman, I withdraw my point of order but oppose the
amendment.
Chairman Sensenbrenner. Okay. The gentleman is recognized for 5
minutes.
Mr. Smith. Mr. Chairman, this debate should not be about whether the
death penalty is appropriate or not. It should be about whether or not
we implement the terrorist bombings treaty in a manner consistent with
current law.
One may not like the death penalty, but if we are going to have it,
then we should be consistent with the types of crime it applies to.
Sections 2332a and 2332b of title 18 of the U.S. Code all provide for
the death penalty for a terrorist act that results in someone's death.
With regard to the terrorist bombing crime set forth in the treaty,
article 4 of the treaty requires that each nation provide, quote,
``appropriate penalties which take into account the grave natures of
those offenses,'' unquote.
Right now we are dealing with the unlawful detonation of an explosive
or other lethal device in a public facility with the intent to cause
death and which does in fact cause death. It would be inconsistent with
our current laws on terrorism not to allow for the possibility of the
death penalty in these similar cases.
The crime of killing innocent people by blowing up public buildings
should be subject to the most severe penalty possible, and that should
be an option.
So I ask my colleagues to oppose this amendment, and I yield back the
balance of my time.
Chairman Sensenbrenner. The question is on the amendment by the----

Mr. Scott. Mr. Chairman?

Chairman Sensenbrenner. The gentleman from Virginia, Mr. Scott.

Mr. Scott. I move to strike the last word.

Chairman Sensenbrenner. The gentleman is recognized for 5 minutes.

Mr. Scott. Mr. Chairman, we've already pointed out that this
provision may in fact be a barrier to extradition. But I want to support
the amendment because it's obviously not needed when other countries
don't even have the death penalty, so it cannot possibly be required.
We know that the death penalty is not a deterrent. Certainly, it
wouldn't have done anything to deter those involved in September 11th.
We know we make mistakes in the application of the death penalty. And we
know there is a racial bias in the application of the death penalty.
And we have no idea how this thing is going to be applied in so far
as the attorney general has announced that terrorists ought to be tried
in some home-baked procedure where they would not be entitled to a fair
trial. We would hate to have the death penalty pending in cases like
that.
So I would hope that we would support the amendment and have the
debate on the death penalty at another time.
I yield back the balance of my time.

Chairman Sensenbrenner. The question is on the amendment offered by
the gentleman from Massachusetts, Mr. Delahunt.
Those in favor will say aye.

Opposed, no.

The noes appear to have it. The noes have it, and the amendment is
not agreed to.
Are there further amendments?

Hearing none, the Chair notes the presence of a reporting quorum. The
question occurs on the motion to report the bill H.R. 3275 favorably as
amended.
Those in favor will say aye.

Opposed, no.

The ayes appear to have it. The ayes have it, and the motion to
report favorably is agreed to.
Without objection, the bill will be reported favorably to the House
in the form of a single amendment in the nature of a substitute
incorporating the amendments adopted here today. Without objection, the
Chairman is authorized to move to go to conference pursuant to House
rules. Without objection, the staff is directed to make any technical
and conforming changes. All Members will be given 2 days as provided by
the rules in which to submit additional dissenting, supplemental, or
minority views.
The Chair thanks the Members for their indulgence and support. This
concludes the business on the notice, and the Committee is adjourned.
[Whereupon, at 11:06 a.m., the Committee was adjourned.]

MINORITY VIEWS

While we support the prompt ratification and implementation of the
International Conventions for the Suppression of Terrorist Bombings and
the Suppression of the Financing of Terrorism, we are concerned that
H.R. 3275 includes controversial changes to U.S. domestic law that go
well beyond the limited changes required to bring our laws into
conformity with the requirements of those agreements.\1\

\1\Department of Justice Memorandum to House Crime Subcommittee
(Response to Request by Members of Subcommittee for More Input) 1 (Nov.
14, 2001) (hereinafter the ``DOJ Memorandum'').
Chief among these is the provision in Title I that authorizes the
imposition of the death penalty for the offenses set forth in section
102.\2\
At the Committee markup, Reps. William D. Delahunt (D-MA) and Bobby
Scott (D-VA) offered an amendment to delete this language, leaving in
place the provision authorizing a maximum sentence of life imprisonment,
but it was rejected by voice vote.
\2\ See H.R. 3275 102(a), 107th Cong., 1st Sess. (proposed 18 U.S.C.
2332f(c)).
This is surprising considering that the Administration has
acknowledged that capital punishment is not required to implement the
Conventions.\3\
In fact, not only is it not required under the Conventions, but it
actually could impair the fight against international terrorism by
making it harder for the Justice Department to secure extradition in
these kinds of cases. This is because America's continued resort to the
death penalty has brought condemnation from numerous nations across the
globe. Even some of our closest allies routinely refuse to honor
extradition requests by the United States unless their judicial
authorities can be assured that the defendants will not face
execution.\4\
Given this situation, we do not see how it serves American interests to
enact additional provisions that will further complicate our ability to
prosecute terrorists and further marginalize the United States within
the family of nations.
\3\ Hearing on H.R. 3275 Before the Subcomm. on Crime of the House Comm.
on the Judiciary , 107th Cong., 1st Sess. (Nov. 14, 2001) (testimony of
Michael Chertoff, Assistant Att'y General, Criminal Division, U.S. Dep't
of Justice); DOJ Memorandum, supra.
\4\ See, e.g. , the recent decision by the Supreme Court of Canada,
holding that the Canadian Charter of Rights and Freedoms precludes
extradition to the United States absent assurances by U.S. authorities
that the death penalty would not be imposed. United States v. Burns, 1
S.C.R.283 (2001). See also New Murder Trial Granted for Fugitive
Extradited From France , N.Y. Times, Nov. 15, 2001, at A25 (United
States officials required to assure the French authorities that longtime
fugitive Ira Einhorn would not be eligible for the death penalty in his
new trial); Benjamin Weiser, South Africa Rules On Terror Suspect , N.Y.
Times , at B4, May 29, 2001 (South African Constitutional Court ruling
that suspect on trial in Manhattan in connection with the bombing of the
American Embassy in Tanzania should not have been turned over to U.S.
authorities without assurances that he would not face the death
penalty); John Kifner, France Will Not Extradite If Death Penalty Is
Possible , N.Y. Times , Mar. 31, 2001, at B4 (refusal of French
officials to turn over anti-abortion activist accused of killing a
Buffalo doctor who provided abortions unless given guarantees that he
would not be executed).
Nevertheless, the Majority and the Administration have attempted to
justify this new death penalty provision by claiming that it merely
tracks current law with respect to comparable domestic crimes.\5\
That may well be so, but the fact that current law presents an obstacle
to our law enforcement objectives is hardly a persuasive argument for
compounding the problem.
\5\DOJ Memorandum, supra.

In fact, we doubt a persuasive argument can be made for expanding the
death penalty in this context. While reasonable people may disagree
about whether the death penalty acts as a deterrent to some categories
of crimes, we are at a loss to see how anyone can seriously believe that
the prospect of capital punishment will deter the kinds of atrocities
our nation experienced on September 11. Indeed, the Administration
implicitly concedes as much when it says that this new provision merely
replicates existing death penalty provisions--provisions that did
nothing to prevent those attacks.
The Conventions should be ratified and implemented with all
reasonable dispatch, but we have a responsibility to achieve that goal
in a way that genuinely advances our nation's interests.

John Conyers, Jr.

Barney Frank.

Howard L. Berman.

Jerrold Nadler.

Robert C. Scott.

Melvin L. Watt.

Sheila Jackson Lee.

Maxine Waters.

William D. Delahunt.

Tammy Baldwin.

Source:
U.S. Government Website

September 11 Page